General terms and conditions of sale
ARTICLE 1 - DEFINITION
THE SRL Magic Franco Games: a limited liability company, whose registered office is located at 7100 LA LOUVIERE, Chaussée de Jolimont, 11, BCE n°1022.075.637.
"The client": Co-contractor included in the documents issued by the SRL MagicFranco Games.
ARTICLE 2 – NON-EXHAUSTIVE PRESENTATION
The SRL MagicFranco Games carries out its activities in particular in the online or in-store sale of all materials, articles, and products related to gaming activities and in particular all objects such as books, clothes, accessories, scale models, gadgets, board games, entertainment on digital media, cards, figurines, paintings, video games, etc ... new or used as well as all related operations and work.
ARTICLE 3 – ACCEPTANCE OF THE TERMS AND SCOPE OF APPLICATION
The relationship between the parties is governed by these general terms and conditions, subject to specific conditions reproduced on the front.
These general terms and conditions subrogate any documents that may be included in the documents of the SRL's customer MagicFranco Games.
The customer expressly acknowledges that he or she has read them, adhered to them by expressly waiving their right to invoke theirs, which will therefore not be enforceable against the SRL MagicFranco Games, as soon as the offer or order is accepted, so that SRL MagicFranco Games expressly disclaims the application of any clause contained in the Customer's documents.
ARTICLE 4 – PRICES
§1. The prices of the products are indicated on the website in euros, including all taxes, excluding the contribution to processing and shipping costs.
The prices displayed are in Euro quotes and are payable as such.
§2. In the case of an order to a country other than Belgium, the customer is the importer of the product(s) concerned.
For all products shipped outside the European Union, prices will be calculated excluding taxes on the invoice. Customs or other local taxes or import duties or state taxes may be payable. These rights and sums do not fall within the remit of the BV MagicFranco Games. They will be the responsibility of the customer and are his or her sole responsibility, both in terms of declarations and payments to the competent authorities and bodies of the country concerned.
§4. Prices are applied and invoiced on the basis of the rates in force at the time of order registration.
§5. The products remain the property of the BV MagicFranco Games until full payment of the prize.
§6. Product offers and prices are valid while they are presented on the site, within the limit of available stocks in accordance with article 5 of these conditions.
ARTICLE 5 – ORDERS
§1. The contractual information is presented in the following languages: french.
§2. SRL Magicfranco Games reserves the right to cancel or refuse any order from a customer with whom there is an ongoing dispute, including relating to the payment of a previous order.
In addition, the SRL MagicFranco Games does not have the primary vocation of contracting in B2B and reserves the right to cancel or refuse any B2B order for which there is a suspicion of a desire to resell the products on the market or parallel market.
§3. Information on the availability of the products is provided at the time of placing the order by the customer.
The information on the site is provided for information purposes only, bearing in mind that simultaneous orders or stock errors may occur.
In the event of problems related to the availability of a product, the SRL MagicFranco undertakes to inform the customer by email as soon as possible.
Without prejudice to Article 6, the customer may then choose to cancel the sale and must, in this case, inform the SRL MagicFranco Games within 24 hours.
In the event of such a cancellation, the SRL MagicFranco will make the refund in accordance with the provisions set out in Article 7 of these conditions.
These provisions apply without prejudice to the specific provisions contained in the so-called "Web Exclusive" articles or specific articles mentioned below.
In any event, the SRL MagicFranco cannot be held liable for any compensation in this respect.
§4. The so-called "Web Exclusive" items as well as the specific items, mainly from the " Pokémon " that require pre-orders, are mentioned as such and require a pre-order.
These items are subject to special deadlines depending on the official release date announced, as long as the supplier can meet the advertised deadlines.
The SRL MagicFranco Games shall not be liable for any delay in this regard.
Upon receipt of the product in store, the item will be shipped in the usual form.
This type of article does not fall within the scope of the right of withdrawal as set out in Article 6 of these conditions.
ARTICLE 6 – RIGHT OF WITHDRAWAL AND TERMS OF RETURN
§1. The consumer customer is informed by these general terms and conditions of sale of the possibility of withdrawing from the sale within 14 calendar days from the day after the day on which the consumer takes physical possession of the goods.
This right of withdrawal is exercised without reasons or costs other than the following costs: the cost of returning the items, any delivery costs deviating from the standard delivery method offered by the company.
§2. If it is an online sale of digital content that is not provided on a physical medium, and the consumer has wished to perform the contract during the withdrawal period, the consumer is presumed to waive his right of withdrawal.
§3. Whether they are products made to customer specifications or clearly customized, or whether they are so-called "Web Exclusive" products or specific products that depend on market fluctuations (mainly from the " Pokémon "), the right of withdrawal cannot be applied.
§4. In order to be able to withdraw, the consumer customer uses either the form available via the FPS ECONOMY, or issues an unambiguous statement clearly stating his decision to withdraw, by email or post.
The contact email address is as follows: contact@magicfranco.be
§5. The SRL MagicFranco Games will defer the refund until the goods have been collected, or until the consumer has provided proof of shipment of the goods, whichever is earlier.
§6. The consumer returns the goods to the company at the address of the registered office the day after exercising his decision to withdraw from the sale.
The address of the registered office is as follows:
MagicFranco Games SRL, Chaussée de Jolimont, 11, 7100 La Louvière (Belgium).
§7. No returns other than to the registered office address will be accepted, unless agreed by the SRL MagicFranco Games.
The consumer bears the direct costs resulting from the return of the goods.
§8. The customer is liable for the handling of the goods being sold for handling other than those necessary to establish the proper functioning of these goods.
The return must be made in its original packaging, complete (accessories, instructions, etc.) with a copy of the invoice.
ARTICLE 7 - PAYMENT
§1. Payment takes place either by bank transfer, debit or credit card, or PayPal.
Payments are made at the time the order is placed and are subject to its validity.
In the event of payment by bank transfer, the order will be validated upon receipt of payment on the SRL's account MagicFranco Games.
In the event of failure to receive the said payment within 5 calendar days, the SRL MagicFranco Games will proceed with the cancellation of the order.
The SRL MagicFranco Games declines all responsibility for the delay or cancellation of an order in the event of failure to indicate the communication useful for the bank transfer used.
§2. In the event of cancellation of a sale in the context of a bank transfer payment, the money will be returned to the account of the sender of the payment made within 14 days of the transfer executed, without prejudice to the SRL MagicFranco to defer the refund until the goods have been recovered in the event that the customer uses his right of withdrawal in accordance with Article 6.
ARTICLE 8 – DELIVERY
§1. Shipments take place weekly between Tuesday and Friday. The products are delivered to the delivery address provided during the order process.
§2. The products ordered are sent, according to the customer's choice indicated at the time of ordering, either via BPOST or via MONDIAL RELAY.
§3. The delivery time is between 3 and 4 working days assuming the product is in stock, once payment has been made.
This period is given for information purposes only and may vary depending on the availability of the product.
The traceability of the package is ensured.
§4. In the event of a simultaneous order of several products, the SRL MagicFranco Games reserves the right to split shipments or cancel and refund any product depending on the availability of the items at the supplier.
In this case, the participation in the processing and shipping costs will only be charged for one shipment. Only shipped items will be cashed.
ARTICLE 9 - CONFORMITY OF PRODUCTS - COMPLAINTS - WARRANTY
§1. All products supplied by SRL MagicFranco Games is backed by a two-year legal warranty.
The Warranty Act applies to the sale of consumer goods by a professional seller to a consumer who buys for private use.
The legal warranty applies if the non-conformity is found within two years of the delivery of the goods.
The legal warranty therefore begins to run from the delivery of the goods to the consumer.
§2. This warranty is understood to be independent of the warranty contained in the Civil Code concerning latent defects.
Schematically, the SRL MagicFranco Games is bound by the warranty for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use, that the buyer would not have acquired it, or would have given only a lower price, if he had known of them.
The action for latent defects must be brought within a short period of time from the discovery of the defect.
The consumer may not invoke the legal warranty for changes in delivery times or locations, or for defects of which he or she was aware at the time of sale.
§2. Within the scope of the two-year statutory warranty referred to in paragraph 1, the customer is obliged to inform the BV MagicFranco Games as soon as possible of the defect and, in any case, within two months from the day on which it became aware of the defect.
The client's action is time-barred within one year of the discovery of the defect.
§3. In the event of non-compliance of a product sold within the meaning of paragraph 1, it may be returned to the SRL MagicFranco Games who will take it back and exchange it or refund it.
All complaints, requests for exchanges or refunds must be made by post to the address of the registered office within eight days of delivery.
The customer undertakes to state this clearly and precisely by post or e-mail to the following address: contact@magicfranco.be which will determine the terms and conditions of the return of the product.
In any case, the return costs will be borne by the SRL MagicFranco Games, so that the customer will be fully refunded.
The return shipping costs will be reimbursed based on the lower rate.
§4. The SRL MagicFranco Games, in the distance selling process, is only bound by an obligation of means.
It cannot be held liable for any damage resulting from the use of the Internet network such as loss of data, intrusion, virus, interruption of service, or other problems beyond its control.
ARTICLE 10 - INTELLECTUAL PROPERTY
All texts, comments, works, illustrations and images reproduced on the Magicfranco.be sites are reserved under copyright and intellectual property rights and for the whole world.
As such, and in accordance with the provisions of the Intellectual Property Code, only use for private use, subject to different or even more restrictive provisions of the Intellectual Property Code, is authorised. Any total or partial reproduction of the magicfranco.be site is strictly prohibited.
ARTICLE 11 - APPLICABLE LAW - DISPUTES
Belgian law alone applies.
The language of this Agreement is the language french.
In the event of a dispute, the courts of the judicial district of Hainaut, Mons Division, have sole jurisdiction to hear the dispute, it being specified, however, that as far as cantonal material jurisdiction is concerned, the Justice of the Peace of the canton of La Louvière has territorial jurisdiction.
ARTICLE 12 – GDPR
§1. For any processing of personal data carried out in connection with this contract, the parties will comply with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), as well as all the additional rules applicable to personal data in Belgium (hereinafter " GDPR »).
Each party represents and warrants to the other party that it will strictly comply with the GDPR for any processing of personal data carried out in connection with this contract.
Notwithstanding anything to the contrary, the parties shall not incur any contractual liability under this Agreement, to the extent that compliance with the GDPR would prevent them from performing any of their obligations under this Agreement.
§2. The information and data concerning the customer are those necessary for the management of the order and their commercial relations.
It mainly covers their identity, their address and/or delivery and/or billing address, their bank details and their email address.
They are intended for the SRL MagicFranco Games.
In this context, the customer agrees to communicate his personal data by accepting these conditions.
The SRL Magic To this end, franco Games is responsible for the processing of such data.
The customer has the right to access and rectify personal data concerning him. He must then write by email or to the address of the SRL's head office MagicFranco Games.
The email address is contact@magicfranco.be.
The mailing address is MagicFranco Games SRL, Chaussée de Jolimont, 11, 7100 La Louvière (Belgium).
§3. The customer's personal data is kept throughout the sales process but also for promotional purposes if the customer has consented to this.
If the customer processes personal data of the BV MagicFranco Games, or allows a third party to do so, he must inform the SRL MagicFranco Games and comply with the GDPR, and if necessary instruct the third party to do the same and guarantee that it will comply with it.
If the SRL MagicFranco Games processes the customer's personal data, and this will be done in the same way.
If the SRL MagicFranco Games carries out other processing of the Customer's personal data, or allows a third party to do so, it must inform the Customer and comply with the GDPR, and if necessary instruct the third party to do the same and guarantee that it will comply with it.
§4. If the customer is concerned about the way their data is being processed, they can contact theData Protection Authority (formerly the Privacy Commission) Rue de la Presse, 35, 1000 Brussels
Phone: +32 (0)2 274 48 00
Fax: +32 (0)2 274 48 35
Email: contact@apd-gba.be